| Carolina Casualty Company and Denver C. Fox v. Pinnacol Service |
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This dispute arises out of a 1998 claim by a mentally disabled person, Jeremy Dymowski, against Rocky Mountain Job Opportunity Brigade (RMJOB), which had engaged him on a church clean-up crew. After he was injured at work, Mr. Dymowski, rather than bringing a workers' compensation claim, sued RMJOB in tort. Plaintiff Carolina Casualty Insurance Co. was RMJOB's general liability insurer. It set... More... $0 (10-13-2005 - CO) |
| VERONICA BARRAGAN , Indiv. and as Special Adm'r of the Estate of Roberto Barragan, et al. v. CASCO DESIGN CORPORATION |
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Plaintiffs, Jesus Barragan and Veronica Barragan, filed suit in the circuit court of Cook County against defendants, Osman Construction Corporation (Osman) and Casco Design Corporation (Casco), to recover for death and injury caused by a construction-related accident. Casco filed a counterclaim for contribution against Osman, and Osman subsequently filed a responsive counterclaim for contributi... More... $4650000 (09-28-2005 - IL) |
| Eaton Hydraulics, Inc. v. Continental Casualty Company, et al. |
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In this insurance coverage case, the trial court erred in concluding the insured's suit against an excess insurer was barred by the four-year statute of limitations. Under settled principles, the statute of limitations in a general liability insurance coverage case accrues when the insurer refuses to defend the insured in the underlying litigation. Since the duty to defend is continuing, ... More... $0 (09-19-2005 - CA) |
| Carroll Deal v. Fremont Indemnity |
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Fremont Indemnity Company ("Fremont") and the Arkansas Property and Casualty Guaranty Fund (the "Fund") appeal two separate decisions of the district court.1 In two separate orders, the district court concluded that because Carroll Deal and Karen Lamb Kirkham were not "made whole" by their respective settlements with TACC Corporation and Illinois Tool Works, Inc., Fremont and the Fund did n... More... $0 (09-03-2005 - AR) |
| Voyager Indemnity Insurance v. Adams et al. |
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Subrogation claim by Voyager Indemnity Insurance against Sam Vaughn, et al. The claims made and defenses asserted are not available. ... More... $65000 (09-02-2005 - OK) |
| Terry Bachmeier v. Sanitors Southwest, Inc. |
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Slip and fall case which occurred in a commercial building in Las Vegas on February 1, 2004. Ms. Bachmeier was coming into the building and the building's cleaning crew had left water soaking in the carpet which leeched onto the marble floor where Ms. Bachmeier fell. She fell hard to the floor. She suffered from disc protrusions which required multiple surguries and the implantation of a spinal... More... $2000000 (08-28-2005 - NV) |
| Mark R. Bell, et al. v. Blue Cross of California |
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Blue Cross of California is a health care service plan within the meaning of the Knox-Keene Health Care Service Plan Act of 1975, Health and Safety Code section 1340 et seq.1 Mark R. Bell, M.D. (a board-certified emergency room physician who is obligated to treat all emergency room patients without regard to whether they are insured or able to pay (§ 1317, subd. (b)), has not contracted wi... More... $0 (07-22-2005 - CA) |
| Geico General Insurance Co. v. Northestern Pacific Indemnity Co. |
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1 The United States District Court for the Western District of Oklahoma has certified a question of state law to this Court under the Oklahoma Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§ 1601, et seq. The federal court asks: "Is an excess/umbrella policy included in determining the liability limits of an uninsured motor vehicle under 36 O.S. § 3636(C)?" We... More... $0 (06-28-2005 - OK) |
| N.E. Leasing, LLC v. Leonard Paoletta Trustee, et al. |
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The primary issue in this protracted foreclosure litigation is the reasonableness of the trial court's award of attorney's fees to a plaintiff in a foreclosure action. Where the note, mortgage and guarantee signed by the parties to be charged include indemnity provisions for reasonable attorney's fees in the event the lender incurs such fees to protect its interest in the mortgaged prope... More... $119000 (06-27-2005 - CT) |
| ROGER A. SEVIGNY, INSURANCE COMMISSIONER, LIQUIDATOR OF THE HOME INSURANCE COMPANY v. EMPLOYERS INSURANCE OF WAUSAU |
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The case before us presents another variation on the question when, under the so-called abstention doctrines, a federal court should defer to state proceedings. The appellant is Employers Insurance of Wausau ("Wausau"); the appellee is Roger A. Sevigny, Insurance Commissioner of New Hampshire ("Commissioner"), acting as liquidator of The Home Insurance Company ("Home"), now insolvent. We begin ... More... $0 (06-10-2005 - NH) |
| Leona Brewer, etc. v. National Indemnity Company, et al. |
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This case presents a certified question from the United States Court of Appeals for the Fourth Circuit. Specifically, the question certified is as follows : Whether a fiduciary may maintain an action against an insurer for negligently underinsuring its insured, where the fiduciary, the insurer, and the insured have executed an agreement in which: (3) the insurer agreed to litigate wit... More... $0 (06-04-2005 - KY) |
| State Farm Mutual Automobile Insurance Company v. Joseph M. Stockley, et al. |
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State Farm Automobile Insurance Company appeals the judgment declaring that its policy covers claims against Joseph Stockley arising from his use of a baggage tug on the tarmac at the airport. We reverse. I. BACKGROUND Joseph Stockley was a baggage handler for Trans World Airlines. He used a four-wheeled vehicle called a tug to transport baggage in the tarmac area at Lambert St. Louis... More... $0 (05-25-2005 - MO) |
| Katherine A. Ellis, et al. v. AAR PARTS TRADING INC., f/k/a AAR Aircraft & Engine Group, Inc., and FLEET BUSINESS CREDIT, LLC, etc. |
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These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April 19, 2000, in the Philippines. The defendants, AAR Parts Trading, Inc. (hereinafter AAR), a parts company, and Fleet Business Credit, LLC (hereinafter Fleet), a financing company, filed motions to dismiss predicated... More... $0 (05-20-2005 - IL) |
| Teresa Gillen, Special Adm'r of the Estate of Scott Gillen, Deceased, Appellee, v. State Farm Mutual Automobile Insurance Company |
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In this appeal we examine a setoff provision in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company. The setoff provision permits State Farm to reduce its liability for uninsured-motorist coverage by the amount paid to or for the insured "under any worker's compensation, disability benefits, or similar law." At issue is whether this provision applies to med... More... $0 (05-20-2005 - IL) |
| Leona Brewer, etc. v. National Indemnity Company, et al. |
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This case presents a certified question from the United States Court of Appeals for the Fourth Circuit. Specifically, the question certified is as follows : Whether a fiduciary may maintain an action against an insurer for negligently underinsuring its insured, where the fiduciary, the insurer, and the insured have executed an agreement in which: (3) the insurer agreed to litigate with t... More... $0 (05-17-2005 - KY) |
| Walter W. Scalf v. D.B. Log Homes, Inc. |
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In D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 (D'Amico), the California Supreme Court noted that admissions of a party obtained through discovery receive an unusual deference in summary judgment proceedings, and, absent a credible explanation, prevail over that party's later inconsistent declarations. (Id. at p. 22.) However, later cases have 2 cautioned that D'Amico ... More... $0 (05-06-2005 - CA) |
| Terry White, et al. v. The Insurance Company of the State of Pennsylvania |
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Terry White, who was injured during the scope of his employment with Preston Trucking Company, filed this action seeking a declaration that he is entitled to uninsured/underinsured motorist coverage under two insurance policies issued to Preston by The Insurance Company of The State of Pennsylvania. White's wife and their children have filed separate claims for loss of consortium. The distr... More... $0 (04-26-2005 - OH) |
| V.J. LIVELY v. IJAM, INC., a Georgia Corporation, and MONARCH COMPUTER SYSTEMS, INC. |
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1 IJAM, Inc., and Monarch Computer Systems, Inc., (collectively Defendants) appeal from a judgment in favor of Plaintiff, V.J. Lively. 1 The issue on appeal is whether the trial court properly determined that it had in personam jurisdiction over these Georgia corporations. Upon review of the record on appeal and applicable law, we find that the trial court erred in finding that it had jurisdict... More... $0 (04-19-2005 - OK) |
| Readylink Healthcare v. Jerome Cotton |
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Defendant Jerome Cotton appeals from the trial court's order issuing a preliminary injunction in favor of his former employer, plaintiff ReadyLink Healthcare (ReadyLink). The preliminary injunction contains paragraphs "a" and "b." Paragraph "a" enjoins Cotton from soliciting ReadyLink employees and customers, including ReadyLink's 2 agents, nurses, remote recruiters, hospitals, ... More... $0 (02-18-2005 - CA) |
| Brigham Young University v. Tremco Consultants, Inc., aka Tremco Legal Solutions, Inc. |
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1 Tremco Legal Solutions, Inc. ("Tremco") appeals from a summary judgment rendering it liable for an earlier judgment obtained by Brigham Young University ("BYU") against SoftSolutions, Inc. ("SoftSolutions"). We hold that the district court erred in summarily extending liability for BYU's earlier judgment to Tremco. SoftSolutions and individual appellants Kenneth W. Duncan; Alvin S. Tedjamul... More... $0 (02-15-2005 - UT) |
| Phillip Ferrell, et al. v. West Bend Mutual Insurance Company |
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In 1999, Arkansas tomato growers Phillip and Tommy Ferrell and Clay and Donny Lowry ("the tomato growers" or "growers") purchased from Hi-Tech Film, Inc. ("Hi-Tech") a plastic film meant to prevent soil from splashing onto their plants and causing blight. The tomato growers rolled the film over their fields, but after the tomato plants were planted, the film began to deteriorate, leaving ... More... $236315 (02-04-2005 - AR) |
| Lee Builders, Inc. v. Farm Bureau Mutual Insurance Company |
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Farm Bureau Mutual Insurance Company (Farm Bureau) appeals the district court's judgment of indemnity in favor of Lee Builders, Inc. (Builders) on an insurance coverage issue, contending that a commercial general liability policy provided no coverage for Builder's claim. Farm Bureau also appeals the district court's award to Builders of prejudgment interest under K.S.A. 16-201 and attorney fees... More... $76000 (01-31-2005 - KS) |
| Sigmund Lefkovitz, et al. v. Nathan Wagner, et al. |
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Before us is a multifaceted challenge to the confirmation of an arbitration award. We omit many details in the interest of simplicity. In 1990, six individuals who had been working together for many years in the real estate business created a partnership that they called "Jarnis." Each took an equal share in the partnership, although each one-sixth share was divided in turn among the act... More... $7000000 (01-29-2005 - IL) |
| Baldwin Builders v. Coast Plastering Corporation, et al. |
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The issue in this case is whether a unilateral attorney fee clause included in an indemnity agreement between a general contractor and a subcontractor is subject to the reciprocity principles set forth in Civil Code section 1717, subdivision (a) (section 1717(a)). We conclude that where, as here, the contractual provision is not included as an item of loss or expense under the indemnit... More... $0 (01-21-2005 - CA) |
| Phillip Ferrell v. West Bend Mutual |
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In these consolidated appeals, West Bend Mutual Insurance Company ("West Bend") appeals an adverse decision of the district court1 following a bench trial, and also challenges the court's imposition of attorney's fees and prejudgment interest. We affirm. 2 I. In 1999, Arkansas tomato growers Phillip and Tommy Ferrell and Clay and Donny Lowry ("the tomato growers" or "growers")... More... $0 (01-04-2005 - AR) |
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